If you die before election day, does your early ballot count? That depends

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Early ballots cast by people who die before election day are sometimes cited as proof of voter fraud, but in many states they're perfectly legal.

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At 90 years old and living through a raging pandemic, Hannah Carson knows time may be short. She wasted no time returning her absentee ballot for this year’s election.

As soon as it arrived at her senior-living community, she filled it out and sent it back to her local election office in Charlotte, N.C. If something were to happen and she doesn’t make it to election day, Carson said she hopes her ballot will remain valid.But it might not. In North Carolina, an early ballot cast by someone who subsequently dies can be set aside if a challenge is filed with the county board of elections before election day.

Seventeen states prohibit counting ballots cast by someone who subsequently dies before election day, but 10 states specifically allow it. The law is silent in the rest of the country, according to research by the National Conference of State Legislatures.

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